Corrections and Conditional Release Act (S.C. 1992, c. 20)

Placement and Transfer of Inmates

Marginal note:Criteria for selection of penitentiary

28 If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person, taking into account

• (a) the degree and kind of custody and control necessary for

  • (i) the safety of the public,

  • (ii) the safety of that person and other persons in the penitentiary, and

  • (iii) the security of the penitentiary;

• (b) accessibility to

  • (i) the person’s home community and family,

  • (ii) a compatible cultural environment, and

  • (iii) a compatible linguistic environment; and

• (c) the availability of appropriate programs and services and the person’s willingness to participate in those programs.

Marginal note:Transfers

29 The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary

• (a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;

• (b) within a penitentiary, from an area that has been assigned a security classification under section 29.1 to another area that has been assigned a security classification under that section, in accordance with the regulations made under paragraph 96(d), subject to section 28; or

• (c) to another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28.

Marginal note:Transfers to structured intervention unit

• 29.01 (1) A staff member who holds a position lower in rank than that of institutional head and who is designated by the Commissioner may, in accordance with the regulations made under paragraph 96(g), and subject to section 28, authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary into a structured intervention unit in the penitentiary or in another penitentiary.

• Marginal note:Decision — institutional head

  (2) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit within the period of five working days that begins on the first working day on which the inmate is confined in the unit.

Security Classification

Marginal note:Commissioner to classify penitentiaries or areas

29.1 The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other prescribed security classification, to each penitentiary or to any area in a penitentiary.

Marginal note:Service to classify each inmate

• 30 (1) The Service shall assign a security classification of maximum, medium or minimum to each inmate in accordance with the regulations made under paragraph 96(z.6).

• Marginal note:Service to give reasons

  (2) The Service shall give each inmate reasons, in writing, for assigning a particular security classification or for changing that classification.

• Marginal note:Subclassification

  (3) Within the maximum and medium security classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6).

• Marginal note:Commissioner to give reasons

  (4) The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification.

Structured Intervention Units

Marginal note:Designation

31 The Commissioner may designate a penitentiary or any area in a penitentiary to be a structured intervention unit.

Marginal note:Purpose

• 32 (1) The purpose of a structured intervention unit is to

  • (a) provide an appropriate living environment for an inmate who cannot be maintained in the mainstream inmate population for security or other reasons; and

  • (b) provide the inmate with an opportunity for meaningful human contact and an opportunity to participate in programs and to have access to services that respond to the inmate’s specific needs and the risks posed by the inmate.

• Marginal note:Physical barriers

  (2) For the purposes of paragraph (1)(b), every reasonable effort shall be made to ensure that the opportunity to interact through human contact is not mediated or interposed by physical barriers such as bars, security glass, door hatches or screens.

• Marginal note:Record

  (3) The Service shall maintain a record of every instance of an interaction referred to in paragraph (1)(b) that is mediated or interposed by such physical barriers.

Marginal note:Duration

33 An inmate’s confinement in a structured intervention unit is to end as soon as possible.

Marginal note:Transfer to unit

• 34 (1) A staff member may authorize the transfer of an inmate into a structured intervention unit under subsection 29.01(1) only if the staff member is satisfied that there is no reasonable alternative to the inmate’s confinement in a structured intervention unit and the staff member believes on reasonable grounds that

  • (a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the safety of any person or the security of a penitentiary and allowing the inmate to be in the mainstream inmate population would jeopardize the safety of any person or the security of the penitentiary;

  • (b) allowing the inmate to be in the mainstream inmate population would jeopardize the inmate’s safety; or

  • (c) allowing the inmate to be in the mainstream inmate population would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.

• Marginal note:Record of transfers

  (2) The Service shall maintain a record of every instance in which an inmate is authorized to be transferred into a structured intervention unit indicating the reasons for granting the authorization and any alternative that was considered.

• Marginal note:Reasons

  (3) No later than one working day after the day on which the transfer of an inmate is authorized, the Service shall, orally, provide the inmate with notice that the authorization was granted as well as the reasons for it and no later than two working days after the day on which the transfer of an inmate is authorized, the Service shall provide the inmate with those reasons in writing.

Marginal note:Inmate rights

35 An inmate in a structured intervention unit has the same rights as other inmates, except for those that cannot be exercised due to limitations specific to the structured intervention unit or security requirements.

Marginal note:Obligations of Service

• 36 (1) The Service shall, every day, between the hours of 7:00 a.m. and 10:00 p.m., provide an inmate in a structured intervention unit

  • (a) an opportunity to spend a minimum of four hours outside the inmate’s cell; and

  • (b) an opportunity to interact, for a minimum of two hours, with others, through activities including, but not limited to,

    • (i) programs, interventions and services that encourage the inmate to make progress towards the objectives of their correctional plan or that support the inmate’s reintegration into the mainstream inmate population, and

    • (ii) leisure time.

• Marginal note:Time included

  (2) Time spent interacting under paragraph (1)(b) outside an inmate’s cell counts as time spent outside the inmate’s cell under paragraph (1)(a).

• Marginal note:Time not included

  (3) If an inmate takes a shower outside their cell, the time spent doing so does not count as time spent outside the inmate’s cell under paragraph (1)(a).

Marginal note:Exceptions

• 37 (1) Paragraph 36(1)(a) or (b), as the case may be, does not apply

  • (a) if the inmate refuses to avail themselves of the opportunity referred to in that paragraph;

  • (b) if the inmate, at the time the opportunity referred to in that paragraph is provided to them, does not comply with reasonable instructions to ensure their safety or that of any other person or the security of the penitentiary; or

  • (c) in the prescribed circumstances, which circumstances may include, among other things, natural disasters, fires, riots and work refusals under section 128 of the Canada Labour Code, and those circumstances must be limited to what is reasonably required for security purposes.

• Marginal note:Record

  (2) The Service shall maintain a record of every instance that an inmate has been offered an opportunity referred to in paragraph 36(1)(a) or (b) that the inmate refused, indicating the specific opportunity and any reason given for the refusal, or has not been given such an opportunity by reason of paragraph (1)(b) or (c).

Marginal note:Ongoing monitoring

• 37.1 (1) The Service shall ensure that measures are taken to provide for the ongoing monitoring of the health of inmates in a structured intervention unit.

• Marginal note:Mental health assessment and daily visits

  (2) The Service shall ensure that the measures include

  • (a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and

  • (b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.

Marginal note:Mental health assessment

37.11 If a staff member or a person engaged by the Service believes that the confinement of an inmate in a structured intervention unit is having detrimental impacts on the inmate’s health, the staff member or person shall refer, in the prescribed manner, the inmate’s case to the portion of the Service that administers health care. Grounds for the belief include the inmate

• (a) refusing to interact with others;

• (b) engaging in self-injurious behaviour;

• (c) showing symptoms of a drug overdose; and

• (d) showing signs of emotional distress or exhibiting behaviour that suggests that they are in urgent need of mental health care.

Marginal note:Recommendations to institutional head

37.2 A registered health care professional employed or engaged by the Service may, for health reasons, recommend to the institutional head that the conditions of confinement of the inmate in a structured intervention unit be altered or that the inmate not remain in the unit.

Marginal note:Decision — institutional head

• 37.3 (1) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit

  • (a) as soon as practicable after a registered health care professional recommends under section 37.2, for health reasons, that the inmate not remain in the unit;

  • (b) within the period that begins on the day on which the determination under subsection 29.01(2) is made and that ends on the expiry of the period of 30 days that begins on the first day on which the inmate is confined in the unit; and

  • (c) as soon as practicable in any of the prescribed circumstances.

• Marginal note:Conditions of confinement

  (2) As soon as practicable after the registered health care professional referred to in section 37.2 has recommended, for health reasons, that the conditions of confinement be altered, the institutional head shall determine whether the inmate’s conditions of confinement in the structured intervention unit should be altered.

• Marginal note:Visit to the inmate

  (3) Before making a determination under this section, the institutional head shall visit the inmate.

• Marginal note:Record

  (4) The institutional head shall maintain a record indicating the circumstances of every instance in which, because of security requirements, a visit was not face to face or took place through a cell door hatch.

• Marginal note:Reasons

  (5) No later than one working day after the day on which he or she makes a determination under this section, the institution head shall orally notify the inmate of the determination as well as the reasons for it and no later than two working days after the day on which the determination was made, the institutional head shall provide the inmate with those reasons in writing.